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R-1 NONIMMIGRANT RELIGIOUS WORKERS
An R-1 nonimmigrant is an a noncitizen who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a:

• Non-profit religious organization in the United States;
• Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
• Non-profit organization which is affiliated with a religious denomination in the United States.

To qualify, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition.

Process
A prospective or existing U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of a noncitizen seeking to enter the United States as a nonimmigrant minister, or a religious worker in a religious vocation or occupation.

The petitioner must include evidence of eligibility for the classification sought. Both the petitioning organization and the religious worker must satisfy certain requirements, which are discussed in Volume 2, Part O, of the USCIS Policy Manual.

If a petitioner believes that one of these requirements substantially burdens the organization’s exercise of religion, they may seek an exemption under the Religious Freedom

Restoration Act (RFRA). A written request for the exemption should accompany the initial filing, and it must explain how the provision:

• Requires participation in an activity prohibited by a sincerely held religious belief; or
• Prevents participation in conduct motivated by a sincerely held religious belief.

The petitioner bears the burden of showing that it qualifies for a RFRA exemption and must support the request with relevant documentation. We will decide exemption requests on a case-by-case basis.

Please remember to provide a duplicate copy of the Form I-129 and all supporting documents. Failure to submit duplicate copies may result in a delay in the issuance of a nonimmigrant visa abroad from the U.S. Department of State.

On-Site Inspections
Under the regulations at 8 CFR 214.2(r)(16), the USCIS may conduct a pre-approval inspection. In that case, successfully completing the inspection will be a condition for us approving your petition.

The religious organization must provide the physical address where you will work so the USCIS may conduct a pre-approval site inspection, even if that address is not the same as the mailing address.

In addition, the USCIS may inspect your work location after adjudicating the form to verify your work hours, compensation, and duties. the USCIS may also complete a post-adjudication inspection in cases of suspected fraud or where the petitioning entity has undergone substantial changes since its last filing. The USCIS closely monitor the site visit program to ensure it does not cause undue delays in the adjudication process.

Period of Stay
The USCIS may grant R-1 status for an initial period of admission for up to 30 months and subsequent extensions for up to an additional 30 months. Your total period of stay in the United States in R-1 classification cannot exceed five years (60 months). USCIS only count time spent physically in the United States in valid R-1 status toward the maximum period of stay. See the USCIS Policy Manual Volume 2, Part O, Chapter 7.

If you obtain Form I-94, Arrival/Departure Record, from CBP with an initial period of admission beyond the regulatory maximum of 30 months, you should bring the error to the attention a CBP officer at the port of entry that issued the Form I-94, or the Deferred Inspection Office of CBP. Do not use Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, to request that USCIS correct a CBP error on Form I-94. USCIS cannot correct the Form I-94. Neither you nor the petitioner will be penalized for the error. HoUSCISver, the error may affect your future immigration benefits if you exceed the statutory maximum of five years. Please visit cbp.gov for information on correcting a Form I-94 issued by CBP.

If your Form I-94 lists an initial period of admission longer than 30 months and you need to stay beyond 30 months, you may request an extension of stay before the end of that 30-month period of admission.

Before applying for a new nonimmigrant R-1 visa (with a new five-year maximum stay), you must have been physically present outside the United States for the immediate previous year. These time limitations do not apply to religious workers who did not reside continuously in the United States and whose employment in the United States was seasonal, intermittent or for a total of six months or less per year. The limitations also do not apply to religious workers who reside abroad and commute to the United States to work part time.